Hopkins v. Department of Corrections
Hopkins v. Department of Corrections
Opinion of the Court
Petitioner seeks a “declaratory ruling binding between the agency and petitioner for retroactive application of’ OAR 291-97-020(7).
The only possible source of authority for our review of the administrative rule is ORS 183.400, which provides for the review of the validity of any rule in the manner provided for review of orders in contested cases. However, even under that statute, the petition does not state a basis for review. Petitioner does not challenge the validity of the rule itself; he disputes the agency’s interpretation of the rule, as indicated in an internal memorandum, that earned time credits for presentence incarceration will be available only to inmates admitted after June 9,1993. Although it is plausible that the agency’s interpretation could one day be the basis for a declaratory ruling under ORS 183.410 or a contested case order which would be subject to our review under ORS 183.480, ORS 183.400 does not give us the authority to
Petition for judicial review dismissed.
OAR 291-97-020(7) provides:
“Determination of Earned Time Credits During Presentence Incarceration: Earned time credits will be computed for the period in which an inmate is in custody in a non-Department of Corrections facility prior to sentencing, based solely on the inmate’s conduct in the facility. Conduct compliance will be assumed, unless the Department receives documentation of an adjudicated misconduct from the facility. The inmate will be granted an effective 0 to 20 percent reduction in the sentencing guidelines prison term proportional for the length of presentence incarceration. Any adjudicated misconduct during the presentence incarceration will result in an effective percent reduction in the sentencing guidelines prison term proportional for the length of presentence incarceration. Conduct compliance will result in an effective 20 percent reduction in the sentencing guidelines prison term proportional for the length of presentence incarceration.”
The rule provides for earned time credit for presentence incarceration. The agency has interpreted the rule to apply only to inmates ‘ ‘admitted” on or after June 9,1993.
Reference
- Full Case Name
- JAMES SCOTT HOPKINS v. DEPARTMENT OF CORRECTIONS
- Cited By
- 1 case
- Status
- Published